ORCID
Marija Zrno Prošić: 0000-0001-7223-1260
Raško Radovanović: 0000-0001-8188-0297
Robert Kordić: 0000-0002-7781-2811
Keywords
competition law, antitrust, gun-jumping, mergers & acquisitions, administration, Central and Eastern Europe, Croatia, Serbia, Slovenia
Abstract
Gun jumping is a term which describes the premature realization of a merger before obtaining a merger clearance from the relevant competition authorities. In the last years, the European Commission and national competition authorities have demonstrated an increased interest in investigating and punishing gun jumping cases. Recognizing this interest and the need for practical guidance, the article first gives an overview of gun-jumping evolution through case law. It then points to different merger filing thresholds in the region, and implications they could have for gun-jumping issues, to show that despite the commercial and historical common ground in the region, merger filing thresholds do differ significantly between the countries, in a way which requires a cautious and sometimes challenging structuring of M&A activities with regional reach. Based upon an overview of individual gunjumping cases in the region, but taking into account the EU precedents, the article provides recommendations how to avoid gun-jumping risks.
Recommended Citation
Zrno Prošić, M., Radovanović, R., & Kordić, R. (2020). Gun Jumping in Selected SEE Countries – an Obvious Risk in M&A Transactions. Yearbook of Antitrust and Regulatory Studies, 13(22), 211-232. https://doi.org/10.7172/1689-9024.YARS.2020.13.22.9
First Page
211
Last Page
232
Page Count
21
Received Date
10.06.2020
Accepted Date
06.10.2020
DOI
10.7172/1689-9024.YARS.2020.13.22.9
Publisher
University of Warsaw
Publication Date
2020-12-18
